Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maintenance and Welfare of Parents and Senior Citizens Act 2007 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Social Justice:Rights of elderly persons – Writ petition u/Art. 32 ofConstitution – Seeking enforcement of rights of elderly persons u/Art. 21 by providing them adequate pension, shelter, geriatric careand medical facilities and also sought effective implementation ofthe Maintenance and Welfare of Parents and Senior Citizens Act,2007 – Held: Right to life provided u/Art. 21 encompasses severalrights – The right to live with dignity, right to shelter and right tohealth are basic and fundamental – The State is obliged to ensurethat these fundamental rights are not only protected, but are enforcedand made available to all the citizens – Central Government andState Governments have started certain schemes towards meetingthe rights of elderly persons u/Art. 21, but there is a lot that is requiredto be achieved – However, a set of directions issued by this Courtwill not fulfill the constitutional mandate or the mandate of the Act– The only available solution is a continuing mandamus to ensurethat the rights of the people are respected, recognized and enforcedand that social justice as postulated by the preamble in theConstitution is given meaning and teeth – Initial directions issuedso that effective contributions are made to recognize and enforcerights of elderly persons – Constitution of India – Arts. 21, 39 and41 – Maintenance and Welfare of Parents and Senior Citizens Act,2007 – ss. 30 and 31. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2018 INSC 1201 |
Petitioner | Dr. Ashwani Kumar |
Respondent | Union Of India And Ors. |
SCR | [2018] 13 S.C.R. 1286 |
Judgement Date | 2018-12-13 |
Case Number | 193 |
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